Are 4×4 boards really 4″x4″? The short answer is no, they are not. But apparently some people think they should be, and they filed a lawsuit about it against Home Depot and Menards.
I have seen similar misleading claims made in construction defect litigation that what was provided in the building was not what it was supposed to be. Before filing a lawsuit, it is important to do your homework and to use an attorney familiar with the area of law involved.
Recently, a class action lawsuit was filed against Home Depot and Menards alleging that it was engaged in deceptive marketing practices for selling lumber marked as 4×4, where the actual size of the lumber was smaller when measured. While it is true that the actual size of a 4 x 4 board is 3 ½ x 3 ½, that is not a deceptive practice in my opinion. It is well known that lumber is sold based on nominal sizes, and the actual size of the boards is smaller than the nominal size. The 4×4 size is based on the rough-cut size of the wood, before it is trimmed and planed to create a smooth surface. Lumber is also baked in an oven to reduce its moisture content, which also cause it to shrink slightly and reduces its weight. Ironically, if the boards were actually the nominal size, they would cause what was being built to be the wrong size as the measurements commonly used in building plans are based upon the actual, not nominal sizes referenced in those plans.
Lumber’s nominal dimensions are larger than the actual standard dimensions of finished lumber. It used to be that the nominal dimensions were the size of the green, rough boards before they were turned into finished lumber through drying and planing. Today, the United States Department of Commerce has set forth standards that specify the final finished sizes. For example, a “2×4” board historically started out as a green, rough board that measured 2 by 4 inches. After drying and planing, it will be 1 1⁄2 by 3 1⁄2 inches.
| North American softwood dimensional lumber sizes from Wikipedia | ||||||||
| Nominal | Actual | Nominal | Actual | Nominal | Actual | |||
| in × in | ||||||||
| 1 × 2 | 3⁄4 × 1 1⁄2 | 2 × 2 | 1 1⁄2 × 1 1⁄2 | 4 × 4 | 3 1⁄2 × 3 1⁄2 | |||
| 1 × 3 | 3⁄4 × 2 1⁄2 | 2 × 3 | 1 1⁄2 × 2 1⁄2 | 4 × 6 | 3 1⁄2 × 5 1⁄2 | |||
| 1 × 4 | 3⁄4 × 3 1⁄2 | 2 × 4 | 1 1⁄2 × 3 1⁄2 | 4 × 8 | 3 1⁄2 × 7 1⁄4 | |||
| 1 × 6 | 3⁄4 × 5 1⁄2 | 2 × 6 | 1 1⁄2 × 5 1⁄2 | 6 × 6 | 5 1⁄2 × 5 1⁄2 | |||
| 1 × 8 | 3⁄4 × 7 1⁄4 | 2 × 8 | 1 1⁄2 × 7 1⁄4 | 8 × 8 | 7 1⁄4 × 7 1⁄4 | |||
| 1 × 10 | 3⁄4 × 9 1⁄4 | 2 × 10 | 1 1⁄2 × 9 1⁄4 | |||||
| 1 × 12 | 3⁄4 × 11 1⁄4 | 2 × 12 | 1 1⁄2 × 11 1⁄4 | |||||
These sizes have been jointly published in the National Institute of Standards & Technology Voluntary Product Standard PS 20-10 with support from the U.S. Department of Commerce for wood with a moisture content of 19% or less.
I venture a guess that these class actions lawsuits will not survive a summary judgment motion and its sad to see them brought against these stores. But don’t let a claim over something as silly as you used 4 x 4 boards that weren’t, cause you legal problems.
Fortunately, my experience in the construction industry helps me to properly address claims like these in construction defect litigation. Before making a claim that something is not what is supposed to be, it is important to identify the relevant standards used in the industry. Having an attorney who is a Florida licensed general contractor is a good way to ensure that your construction litigation case is properly evaluated and researched.
Scott Hertz, Attorney
Florida CGC1506070